HB383 Summary

• Establishes new jurisdiction rules for probate courts on wills filed for probate on or after January 1, 2023, granting probate courts original and general jurisdiction over will contests.

• Allows removal of will contests from probate court to circuit court if removal occurs no later than 42 days before the first trial setting, unless probate court grants leave for good cause.

• Permits removal of decedent's estate administration proceedings to circuit court after letters testamentary or letters of administration are issued, but before the probate court takes steps toward final settlement.

• Requires notice of removal to specify nature of proceedings, parties involved, jury trial demand, removing party's interest, and names of all interested persons.

• Authorizes circuit courts to remand proceedings back to probate court if removal was improper, caused unreasonable delay, or if all parties request remand, and allows assessment of costs against lawyers or parties who remove vexatiously.